If I’ve been married to a US citizen for 2 years and have been staying here but don’t have a green card yet, is there anyway that I can divorce but stay?

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If I’ve been married to a US citizen for 2 years and have been staying here but don’t have a green card yet, is there anyway that I can divorce but stay?

I’m not sure I want to continue the marriage anymore but I have built relationships here and want to stay. What are my options?

Asked on March 2, 2013 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can, of course, divorce your spouse but you will not have any basis to remain in the US and no basis to ever get any type of lawful status except through another bona fide marriage to a US citizen.  Once you are out of status and unlawfully present for more than 1 year, you are also barred from reentry to the US for a period of 10 years if you do choose to depart the US.  So, you would in essence be stuck in the US, unlawfully present, without a status and without prospects of a status unless or until you remarry.  You would also be subject to deportation/removal because of your unlawful presence.


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